Chapter 2907: SEX OFFENSES

(A)
"Sexual conduct" means vaginal
intercourse between a male and female; anal intercourse, fellatio, and
cunnilingus between persons regardless of sex; and, without privilege to do so,
the insertion, however slight, of any part of the body or any instrument,
apparatus, or other object into the vaginal or anal opening of another.
Penetration, however slight, is sufficient to complete vaginal or anal
intercourse.

(B)
"Sexual contact"
means any touching of an erogenous zone of another, including without
limitation the thigh, genitals, buttock, pubic region, or, if the person is a
female, a breast, for the purpose of sexually arousing or gratifying either
person.

(D)
"Prostitute" means a male or female who
promiscuously engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another.

(E)
"Harmful to juveniles" means that quality
of any material or performance describing or representing nudity, sexual
conduct, sexual excitement, or sado-masochistic abuse in any form to which all
of the following apply:

(1)
The material or
performance, when considered as a whole, appeals to the prurient interest of
juveniles in sex.

(2)
The material
or performance is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable for juveniles.

(3)
The material or performance, when
considered as a whole, lacks serious literary, artistic, political, and
scientific value for juveniles.

(F)
When considered as a whole, and judged
with reference to ordinary adults or, if it is designed for sexual deviates or
other specially susceptible group, judged with reference to that group, any
material or performance is "obscene" if any of the following apply:

(2)
Its dominant
tendency is to arouse lust by displaying or depicting sexual activity,
masturbation, sexual excitement, or nudity in a way that tends to represent
human beings as mere objects of sexual appetite;

(3)
Its dominant tendency is to arouse lust
by displaying or depicting bestiality or extreme or bizarre violence, cruelty,
or brutality;

(4)
Its dominant
tendency is to appeal to scatological interest by displaying or depicting human
bodily functions of elimination in a way that inspires disgust or revulsion in
persons with ordinary sensibilities, without serving any genuine scientific,
educational, sociological, moral, or artistic purpose;

(5)
It contains a series of displays or
descriptions of sexual activity, masturbation, sexual excitement, nudity,
bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily
functions of elimination, the cumulative effect of which is a dominant tendency
to appeal to prurient or scatological interest, when the appeal to such an
interest is primarily for its own sake or for commercial exploitation, rather
than primarily for a genuine scientific, educational, sociological, moral, or
artistic purpose.

(G)
"Sexual excitement" means the condition of human male or female genitals when
in a state of sexual stimulation or arousal.

(H)
"Nudity" means the showing,
representation, or depiction of human male or female genitals, pubic area, or
buttocks with less than a full, opaque covering, or of a female breast with
less than a full, opaque covering of any portion thereof below the top of the
nipple, or of covered male genitals in a discernibly turgid state.

(1)
No person shall engage in sexual conduct
with another who is not the spouse of the offender or who is the spouse of the
offender but is living separate and apart from the offender, when any of the
following applies:

(a)
For the purpose of
preventing resistance, the offender substantially impairs the other person's
judgment or control by administering any drug, intoxicant, or controlled
substance to the other person surreptitiously or by force, threat of force, or
deception.

(b)
The other person is
less than thirteen years of age, whether or not the offender knows the age of
the other person.

(c)
The other
person's ability to resist or consent is substantially impaired because of a
mental or physical condition or because of advanced age, and the offender knows
or has reasonable cause to believe that the other person's ability to resist or
consent is substantially impaired because of a mental or physical condition or
because of advanced age.

(2)
No person shall engage in sexual conduct
with another when the offender purposely compels the other person to submit by
force or threat of force.

(B)
Whoever violates this section is guilty
of rape, a felony of the first degree. If the offender under division (A)(1)(a)
of this section substantially impairs the other person's judgment or control by
administering any controlled substance described in section
3719.41 of the Revised Code to the
other person surreptitiously or by force, threat of force, or deception, the
prison term imposed upon the offender shall be one of the prison terms
prescribed for a felony of the first degree in section
2929.14 of the Revised Code that
is not less than five years. Except as otherwise provided in this division,
notwithstanding sections
2929.11 to
2929.14 of the Revised Code, an
offender under division (A)(1)(b) of this section shall be sentenced to a
prison term or term of life imprisonment pursuant to section
2971.03 of the Revised Code. If an
offender is convicted of or pleads guilty to a violation of division (A)(1)(b)
of this section, if the offender was less than sixteen years of age at the time
the offender committed the violation of that division, and if the offender
during or immediately after the commission of the offense did not cause serious
physical harm to the victim, the victim was ten years of age or older at the
time of the commission of the violation, and the offender has not previously
been convicted of or pleaded guilty to a violation of this section or a
substantially similar existing or former law of this state, another state, or
the United States, the court shall not sentence the offender to a prison term
or term of life imprisonment pursuant to section
2971.03 of the Revised Code, and
instead the court shall sentence the offender as otherwise provided in this
division. If an offender under division (A)(1)(b) of this section previously
has been convicted of or pleaded guilty to violating division (A)(1)(b) of this
section or to violating an existing or former law of this state, another state,
or the United States that is substantially similar to division (A)(1)(b) of
this section, if the offender during or immediately after the commission of the
offense caused serious physical harm to the victim, or if the victim under
division (A)(1)(b) of this section is less than ten years of age, in lieu of
sentencing the offender to a prison term or term of life imprisonment pursuant
to section
2971.03 of the Revised Code, the
court may impose upon the offender a term of life without parole. If the court
imposes a term of life without parole pursuant to this division, division (F)
of section
2971.03 of the Revised Code
applies, and the offender automatically is classified a tier III sex
offender/child-victim offender, as described in that division.

(C)
A victim need not prove physical
resistance to the offender in prosecutions under this section.

(D)
Evidence of specific instances of the
victim's sexual activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be admitted under
this section unless it involves evidence of the origin of semen, pregnancy, or
disease, or the victim's past sexual activity with the offender, and only to
the extent that the court finds that the evidence is material to a fact at
issue in the case and that its inflammatory or prejudicial nature does not
outweigh its probative value.

Evidence of specific instances of the defendant's sexual
activity, opinion evidence of the defendant's sexual activity, and reputation
evidence of the defendant's sexual activity shall not be admitted under this
section unless it involves evidence of the origin of semen, pregnancy, or
disease, the defendant's past sexual activity with the victim, or is admissible
against the defendant under section
2945.59 of the Revised Code, and
only to the extent that the court finds that the evidence is material to a fact
at issue in the case and that its inflammatory or prejudicial nature does not
outweigh its probative value.

(E)
Prior to taking testimony or receiving
evidence of any sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of the proposed
evidence in a hearing in chambers, which shall be held at or before preliminary
hearing and not less than three days before trial, or for good cause shown
during the trial.

(F)
Upon
approval by the court, the victim may be represented by counsel in any hearing
in chambers or other proceeding to resolve the admissibility of evidence. If
the victim is indigent or otherwise is unable to obtain the services of
counsel, the court, upon request, may appoint counsel to represent the victim
without cost to the victim.

(G)
It
is not a defense to a charge under division (A)(2) of this section that the
offender and the victim were married or were cohabiting at the time of the
commission of the offense.

(A)
No person shall engage in sexual conduct
with another, not the spouse of the offender, when any of the following apply:

(1)
The offender knowingly coerces the other
person to submit by any means that would prevent resistance by a person of
ordinary resolution.

(2)
The
offender knows that the other person's ability to appraise the nature of or
control the other person's own conduct is substantially impaired.

(3)
The offender knows that the other person
submits because the other person is unaware that the act is being committed.

(4)
The offender knows that the
other person submits because the other person mistakenly identifies the
offender as the other person's spouse.

(5)
The offender is the other person's
natural or adoptive parent, or a stepparent, or guardian, custodian, or person
in loco parentis of the other person.

(6)
The other person is in custody of law or
a patient in a hospital or other institution, and the offender has supervisory
or disciplinary authority over the other person.

(7)
The offender is a teacher, administrator,
coach, or other person in authority employed by or serving in a school for
which the state board of education prescribes minimum standards pursuant to
division (D) of section
3301.07 of the Revised Code, the
other person is enrolled in or attends that school, and the offender is not
enrolled in and does not attend that school.

(8)
The other person is a minor, the offender
is a teacher, administrator, coach, or other person in authority employed by or
serving in an institution of higher education, and the other person is enrolled
in or attends that institution.

(9)
The other person is a minor, and the
offender is the other person's athletic or other type of coach, is the other
person's instructor, is the leader of a scouting troop of which the other
person is a member, or is a person with temporary or occasional disciplinary
control over the other person.

(10)
The offender is a mental health
professional, the other person is a mental health client or patient of the
offender, and the offender induces the other person to submit by falsely
representing to the other person that the sexual conduct is necessary for
mental health treatment purposes.

(11)
The other person is confined in a
detention facility, and the offender is an employee of that detention facility.

(12)
The other person is a minor,
the offender is a cleric, and the other person is a member of, or attends, the
church or congregation served by the cleric.

(13)
The other person is a minor, the
offender is a peace officer, and the offender is more than two years older than
the other person.

(B)
Whoever violates this section is guilty of sexual battery. Except as otherwise
provided in this division, sexual battery is a felony of the third degree. If
the other person is less than thirteen years of age, sexual battery is a felony
of the second degree, and the court shall impose upon the offender a mandatory
prison term equal to one of the prison terms prescribed in section
2929.14 of the Revised Code for a
felony of the second degree.

(1)
"Cleric" has the
same meaning as in section
2317.02 of the Revised Code.

(2)
"Detention facility" has the
same meaning as in section
2921.01 of the Revised Code.

(3)
"Institution of higher
education" means a state institution of higher education defined in section
3345.011 of the Revised Code, a
private nonprofit college or university located in this state that possesses a
certificate of authorization issued by the Ohio board of regents pursuant to
Chapter 1713. of the Revised Code, or a school certified under Chapter 3332. of
the Revised Code.

(4)
"Peace
officer" has the same meaning as in section
2935.01 of the Revised
Code.

(A)
No person who is eighteen years of age or
older shall engage in sexual conduct with another, who is not the spouse of the
offender, when the offender knows the other person is thirteen years of age or
older but less than sixteen years of age, or the offender is reckless in that
regard.

(B)
Whoever violates this
section is guilty of unlawful sexual conduct with a minor.

(1)
Except as otherwise provided in divisions
(B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a
felony of the fourth degree.

(2)
Except as otherwise provided in division (B)(4) of this section, if the
offender is less than four years older than the other person, unlawful sexual
conduct with a minor is a misdemeanor of the first degree.

(3)
Except as otherwise provided in division
(B)(4) of this section, if the offender is ten or more years older than the
other person, unlawful sexual conduct with a minor is a felony of the third
degree.

(4)
If the offender
previously has been convicted of or pleaded guilty to a violation of section
2907.02,
2907.03, or 2907.04 of the Revised
Code or a violation of former section
2907.12 of the Revised Code,
unlawful sexual conduct with a minor is a felony of the second degree.

(A)
No person shall have sexual contact with
another, not the spouse of the offender; cause another, not the spouse of the
offender, to have sexual contact with the offender; or cause two or more other
persons to have sexual contact when any of the following applies:

(1)
The offender purposely compels the other
person, or one of the other persons, to submit by force or threat of force.

(2)
For the purpose of preventing
resistance, the offender substantially impairs the judgment or control of the
other person or of one of the other persons by administering any drug,
intoxicant, or controlled substance to the other person surreptitiously or by
force, threat of force, or deception.

(3)
The offender knows that the judgment or
control of the other person or of one of the other persons is substantially
impaired as a result of the influence of any drug or intoxicant administered to
the other person with the other person's consent for the purpose of any kind of
medical or dental examination, treatment, or surgery.

(4)
The other person, or one of the other
persons, is less than thirteen years of age, whether or not the offender knows
the age of that person.

(5)
The
ability of the other person to resist or consent or the ability of one of the
other persons to resist or consent is substantially impaired because of a
mental or physical condition or because of advanced age, and the offender knows
or has reasonable cause to believe that the ability to resist or consent of the
other person or of one of the other persons is substantially impaired because
of a mental or physical condition or because of advanced age.

(B)
No person shall knowingly
touch the genitalia of another, when the touching is not through clothing, the
other person is less than twelve years of age, whether or not the offender
knows the age of that person, and the touching is done with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of any
person.

(1)
Except as otherwise provided in this
section, gross sexual imposition committed in violation of division (A)(1),
(2), (3), or (5) of this section is a felony of the fourth degree. If the
offender under division (A)(2) of this section substantially impairs the
judgment or control of the other person or one of the other persons by
administering any controlled substance described in section
3719.41 of the Revised Code to the
person surreptitiously or by force, threat of force, or deception, gross sexual
imposition committed in violation of division (A)(2) of this section is a
felony of the third degree.

(2)
Gross sexual imposition committed in violation of division (A)(4) or (B) of
this section is a felony of the third degree. Except as otherwise provided in
this division, for gross sexual imposition committed in violation of division
(A)(4) or (B) of this section there is a presumption that a prison term shall
be imposed for the offense. The court shall impose on an offender convicted of
gross sexual imposition in violation of division (A)(4) or (B) of this section
a mandatory prison term equal to one of the prison terms prescribed in section
2929.14 of the Revised Code for a
felony of the third degree if either of the following applies:

(a)
Evidence other than the testimony of the
victim was admitted in the case corroborating the violation;

(b)
The offender previously was convicted of
or pleaded guilty to a violation of this section, rape, the former offense of
felonious sexual penetration, or sexual battery, and the victim of the previous
offense was less than thirteen years of age.

(D)
A victim need not prove physical
resistance to the offender in prosecutions under this section.

(E)
Evidence of specific instances of the
victim's sexual activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be admitted under
this section unless it involves evidence of the origin of semen, pregnancy, or
disease, or the victim's past sexual activity with the offender, and only to
the extent that the court finds that the evidence is material to a fact at
issue in the case and that its inflammatory or prejudicial nature does not
outweigh its probative value.

Evidence of specific instances of the defendant's sexual
activity, opinion evidence of the defendant's sexual activity, and reputation
evidence of the defendant's sexual activity shall not be admitted under this
section unless it involves evidence of the origin of semen, pregnancy, or
disease, the defendant's past sexual activity with the victim, or is admissible
against the defendant under section
2945.59 of the Revised Code, and
only to the extent that the court finds that the evidence is material to a fact
at issue in the case and that its inflammatory or prejudicial nature does not
outweigh its probative value.

(F)
Prior to taking testimony or receiving
evidence of any sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of the proposed
evidence in a hearing in chambers, which shall be held at or before preliminary
hearing and not less than three days before trial, or for good cause shown
during the trial.

(G)
Upon
approval by the court, the victim may be represented by counsel in any hearing
in chambers or other proceeding to resolve the admissibility of evidence. If
the victim is indigent or otherwise is unable to obtain the services of
counsel, the court, upon request, may appoint counsel to represent the victim
without cost to the victim.

(A)
No person shall have sexual contact with
another, not the spouse of the offender; cause another, not the spouse of the
offender, to have sexual contact with the offender; or cause two or more other
persons to have sexual contact when any of the following applies:

(1)
The offender knows that the sexual
contact is offensive to the other person, or one of the other persons, or is
reckless in that regard.

(2)
The
offender knows that the other person's, or one of the other person's, ability
to appraise the nature of or control the offender's or touching person's
conduct is substantially impaired.

(3)
The offender knows that the other person,
or one of the other persons, submits because of being unaware of the sexual
contact.

(4)
The other person, or
one of the other persons, is thirteen years of age or older but less than
sixteen years of age, whether or not the offender knows the age of such person,
and the offender is at least eighteen years of age and four or more years older
than such other person.

(5)
The
offender is a mental health professional, the other person or one of the other
persons is a mental health client or patient of the offender, and the offender
induces the other person who is the client or patient to submit by falsely
representing to the other person who is the client or patient that the sexual
contact is necessary for mental health treatment purposes.

(B)
No person shall be convicted
of a violation of this section solely upon the victim's testimony unsupported
by other evidence.

(C)
Whoever
violates this section is guilty of sexual imposition, a misdemeanor of the
third degree. If the offender previously has been convicted of a violation of
this section or of section
2907.02,
2907.03,
2907.04,
2907.05, or
2907.12 of the Revised Code, a
violation of this section is a misdemeanor of the first degree.

(1)
No person shall solicit another, not
the spouse of the offender, to engage in sexual conduct with the offender, when
the offender is eighteen years of age or older and four or more years older
than the other person, and the other person is thirteen years of age or older
but less than sixteen years of age, whether or not the offender knows the age
of the other person.

(2)
No person
shall solicit another, not the spouse of the offender, to engage in sexual
conduct with the offender, when the offender is eighteen years of age or older
and four or more years older than the other person, the other person is sixteen
or seventeen years of age and a victim of a violation of section
2905.32 of the Revised Code, and
the offender knows or has reckless disregard of the age of the other
person.

(C)
No
person shall solicit another by means of a telecommunications device, as
defined in section
2913.01 of the Revised Code, to
engage in sexual activity with the offender when the offender is eighteen years
of age or older and either of the following applies:

(1)
The
other person is less than thirteen years of age, and the offender knows that
the other person is less than thirteen years of age or is reckless in that
regard.

(2)
The other
person is a law enforcement officer posing as a person who is less than
thirteen years of age, and the offender believes that the other person is less
than thirteen years of age or is reckless in that regard.

(D)
No
person shall solicit another by means of a telecommunications device, as
defined in section
2913.01 of the Revised Code, to
engage in sexual activity with the offender when the offender is eighteen years
of age or older and either of the following applies:

(1)
The
other person is thirteen years of age or older but less than sixteen years of
age, the offender knows that the other person is thirteen years of age or older
but less than sixteen years of age or is reckless in that regard, and the
offender is four or more years older than the other person.

(2)
The
other person is a law enforcement officer posing as a person who is thirteen
years of age or older but less than sixteen years of age, the offender believes
that the other person is thirteen years of age or older but less than sixteen
years of age or is reckless in that regard, and the offender is four or more
years older than the age the law enforcement officer assumes in posing as the
person who is thirteen years of age or older but less than sixteen years of
age.

(E)
Divisions
(C) and (D) of this section apply to any solicitation that is contained in a
transmission via a telecommunications device that either originates in this
state or is received in this state.

(2)
Except as
otherwise provided in this division, a violation of division (A) or (C) of this
section is a felony of the third degree on a first offense, and,
notwithstanding division (C) of section
2929.13 of the Revised Code, there
is a presumption that a prison term shall be imposed as described in division
(D) of section
2929.13 of the Revised Code. If
the offender previously has been convicted of a sexually oriented offense or a
child-victim oriented offense, a violation of division (A) or (C) of this
section is a felony of the second degree, and the court shall impose upon the
offender as a mandatory prison term one of the prison terms prescribed in
section 2929.14 of the Revised Code for a
felony of the second degree.

(3)
A
violation of division (B) or (D) of this section is a felony of the fifth
degree on a first offense, and, notwithstanding division (B) of section
2929.13 of the Revised Code, there
is a presumption that a prison term shall be imposed as described in division
(D) of section
2929.13 of the Revised Code. If
the offender previously has been convicted of a sexually oriented offense or a
child-victim oriented offense, a violation of division (B) or (D) of this
section is a felony of the fourth degree, and the court shall impose upon the
offender as a mandatory prison term one of the prison terms prescribed in
section 2929.14 of the Revised Code for a
felony of the fourth degree that is not less than twelve months in
duration.

(A)
No person,
for the purpose of sexually arousing or gratifying the person's self, shall
commit trespass or otherwise surreptitiously invade the privacy of another, to
spy or eavesdrop upon another.

(B)
No person, for the purpose of sexually arousing or gratifying the person's
self, shall commit trespass or otherwise surreptitiously invade the privacy of
another to videotape, film, photograph, or otherwise record the other person in
a state of nudity.

(C)
No person,
for the purpose of sexually arousing or gratifying the person's self, shall
commit trespass or otherwise surreptitiously invade the privacy of another to
videotape, film, photograph, otherwise record, or spy or eavesdrop upon the
other person in a state of nudity if the other person is a minor.

(D)
No person shall secretly or
surreptitiously videotape, film, photograph, or otherwise record another person
under or through the clothing being worn by that other person for the purpose
of viewing the body of, or the undergarments worn by, that other person.

(A)
No person shall recklessly do any of the
following, under circumstances in which the person's conduct is likely to be
viewed by and affront others who are in the person's physical proximity and who
are not members of the person's household:

(3)
Engage in
conduct that to an ordinary observer would appear to be sexual conduct or
masturbation.

(B)
No
person shall knowingly do any of the following, under circumstances in which
the person's conduct is likely to be viewed by and affront another person who
is a minor, who is not the spouse of the offender, and who resides in the
person's household:

(1)
Whoever violates this section is guilty of public indecency and shall be
punished as provided in divisions (C)(2), (3), (4), and (5) of this section.

(2)
Except as otherwise provided
in division (C)(2) of this section, a violation of division (A)(1) of this
section is a misdemeanor of the fourth degree. If the offender previously has
been convicted of or pleaded guilty to one violation of this section, a
violation of division (A)(1) of this section is a misdemeanor of the third
degree or, if any person who was likely to view and be affronted by the
offender's conduct was a minor, a misdemeanor of the second degree. If the
offender previously has been convicted of or pleaded guilty to two violations
of this section, a violation of division (A)(1) of this section is a
misdemeanor of the second degree or, if any person who was likely to view and
be affronted by the offender's conduct was a minor, a misdemeanor of the first
degree. If the offender previously has been convicted of or pleaded guilty to
three or more violations of this section, a violation of division (A)(1) of
this section is a misdemeanor of the first degree or, if any person who was
likely to view and be affronted by the offender's conduct was a minor, a felony
of the fifth degree.

(3)
Except as
otherwise provided in division (C)(3) of this section, a violation of division
(A)(2) or (3) of this section is a misdemeanor of the third degree. If the
offender previously has been convicted of or pleaded guilty to one violation of
this section, a violation of division (A)(2) or (3) of this section is a
misdemeanor of the second degree or, if any person who was likely to view and
be affronted by the offender's conduct was a minor, a misdemeanor of the first
degree. If the offender previously has been convicted of or pleaded guilty to
two or more violations of this section, a violation of division (A)(2) or (3)
of this section is a misdemeanor of the first degree or, if any person who was
likely to view and be affronted by the offender's conduct was a minor, a felony
of the fifth degree.

(4)
Except as
otherwise provided in division (C)(4) of this section, a violation of division
(B)(1), (2), or (3) of this section is a misdemeanor of the second degree. If
the offender previously has been convicted of or pleaded guilty to one
violation of this section, a violation of division (B)(1), (2), or (3) of this
section is a misdemeanor of the first degree. If the offender previously has
been convicted of or pleaded guilty to two or more violations of this section,
a violation of division (B)(1), (2), or (3) of this section is a felony of the
fifth degree.

(5)
Except as
otherwise provided in division (C)(5) of this section, a violation of division
(B)(4) of this section is a misdemeanor of the first degree. If the offender
previously has been convicted of or pleaded guilty to any violation of this
section, a violation of division (B)(4) of this section is a felony of the
fifth degree.

(1)
A
peace officer, prosecutor, or other public official shall not ask or require a
victim of an alleged sex offense to submit to a polygraph examination as a
condition for proceeding with the investigation of the alleged sex offense.

(2)
The refusal of the victim of
an alleged sex offense to submit to a polygraph examination shall not prevent
the investigation of the alleged sex offense, the filing of criminal charges
with respect to the alleged sex offense, or the prosecution of the alleged
perpetrator of the alleged sex offense.

(1)
"Peace officer" has the same meaning as
in section
2921.51 of the Revised Code.

(2)
"Polygraph examination" means
any mechanical or electrical instrument or device of any type used or allegedly
used to examine, test, or question an individual for the purpose of determining
the individual's truthfulness.

(3)
"Prosecution" means the prosecution of criminal charges in a criminal
prosecution or the prosecution of a delinquent child complaint in a delinquency
proceeding.

(4)
"Prosecutor" has
the same meaning as in section
2935.01 of the Revised Code.

(5)
"Public official" has the same
meaning as in section
117.01 of the Revised Code.

(6)
"Sex offense" means a
violation of any provision of sections
2907.02 to
2907.09 of the Revised Code.

Upon the request of the victim or offender in a prosecution
under any provision of sections
2907.02 to
2907.07 of the Revised Code, the
judge before whom any person is brought on a charge of having committed an
offense under a provision of one of those sections shall order that the names
of the victim and offender and the details of the alleged offense as obtained
by any law enforcement officer be suppressed until the preliminary hearing, the
accused is arraigned in the court of common pleas, the charge is dismissed, or
the case is otherwise concluded, whichever occurs first. Nothing in this
section shall be construed to deny to either party in the case the name and
address of the other party or the details of the alleged offense.

(1)
"Public retirement
system" means the public employees retirement system, state teachers retirement
system, school employees retirement system, Ohio police and fire pension fund,
state highway patrol retirement system, or a municipal retirement system of a
municipal corporation of this state.

(2)
"Government deferred compensation
program" means such a program offered by the Ohio public employees deferred
compensation board; a municipal corporation; or a governmental unit, as defined
in section 148.06 of the Revised Code.

(3)
"Deferred compensation program
participant" means a "participating employee" or "continuing member," as
defined in section
148.01 of the Revised Code, or any
other public employee who has funds in a government deferred compensation
program.

(5)
"Prosecutor" has the same meaning as in
section 2935.01 of the Revised Code.

In any case in which a sentencing court orders restitution to
the victim under section
2929.18 or
2929.28 of the Revised Code for a
violation of section
2907.02,
2907.03,
2907.04, or
2907.05 of the Revised Code and in
which the offender is a government deferred compensation program participant,
is an electing employee, as defined in section
3305.01 of the Revised Code, or is
a member of, or receiving a pension, benefit, or allowance, other than a
survivorship benefit, from, a public retirement system and committed the
offense against a child, student, patient, or other person with whom the
offender had contact in the context of the offender's public employment, at the
request of the victim the prosecutor shall file a motion with the sentencing
court specifying the government deferred compensation program, alternative
retirement plan, or public retirement system and requesting that the court
issue an order requiring the government deferred compensation program,
alternative retirement plan, or public retirement system to withhold the amount
required as restitution from one or more of the following: any payment to be
made from a government deferred compensation program, any payment or benefit
under an alternative retirement plan, or under a pension, annuity, allowance,
or any other benefit, other than a survivorship benefit, that has been or is in
the future granted to the offender; from any payment of accumulated employee
contributions standing to the offender's credit with the government deferred
compensation program, alternative retirement plan, or public retirement system;
or from any payment of any other amounts to be paid to the offender pursuant to
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code on
withdrawal of contributions. The motion may be filed at any time subsequent to
the conviction of the offender or entry of a guilty plea. On the filing of the
motion, the clerk of the court in which the motion is filed shall notify the
offender and the government deferred compensation program, alternative
retirement plan, or public retirement system, in writing, of all of the
following: that the motion was filed; that the offender will be granted a
hearing on the issuance of the requested order if the offender files a written
request for a hearing with the clerk prior to the expiration of thirty days
after the offender receives the notice; that, if a hearing is requested, the
court will schedule a hearing as soon as possible and notify the offender and
the government deferred compensation program, alternative retirement plan, or
public retirement system of the date, time, and place of the hearing; that, if
a hearing is conducted, it will be limited to a consideration of whether the
offender can show good cause why the order should not be issued; that, if a
hearing is conducted, the court will not issue the order if the court
determines, based on evidence presented at the hearing by the offender, that
there is good cause for the order not to be issued; that the court will issue
the order if a hearing is not requested or if a hearing is conducted but the
court does not determine, based on evidence presented at the hearing by the
offender, that there is good cause for the order not to be issued; and that, if
the order is issued, the government deferred compensation program, alternative
retirement plan, or public retirement system specified in the motion will be
required to withhold the amount required as restitution from payments to the
offender.

(B)
In any case in which a motion requesting the issuance of a withholding order as
described in division (A) of this section is filed, the offender may receive a
hearing on the motion by delivering a written request for a hearing to the
court prior to the expiration of thirty days after the offender's receipt of
the notice provided pursuant to division (A) of this section. If the offender
requests a hearing within the prescribed time, the court shall schedule a
hearing as soon as possible after the request is made and notify the offender
and the government deferred compensation program, alternative retirement plan,
or public retirement system of the date, time, and place of the hearing. A
hearing scheduled under this division shall be limited to a consideration of
whether there is good cause, based on evidence presented by the offender, for
the requested order not to be issued. If the court determines, based on
evidence presented by the offender, that there is good cause for the order not
to be issued, the court shall deny the motion and shall not issue the order.
Good cause for not issuing the order includes a determination by the court that
the order would severely impact the offender's ability to support the
offender's dependents.

If the offender does not request a hearing within the
prescribed time or the court conducts a hearing but does not determine, based
on evidence presented by the offender, that there is good cause for the order
not to be issued, the court shall order the government deferred compensation
program, alternative retirement plan, or public retirement system to withhold
the amount required as restitution from one or more of the following: any
payments to be made from a government deferred compensation program, any
payment or benefit under an alternative retirement plan, or under a pension,
annuity, allowance, or under any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the offender; from any
payment of accumulated employee contributions standing to the offender's credit
with the government deferred compensation program, alternative retirement plan,
or public retirement system; or from any payment of any other amounts to be
paid to the offender upon withdrawal of contributions pursuant to Chapter 145.,
148., 742., 3307., 3309., or 5505. of the Revised Code and to continue the
withholding for that purpose, in accordance with the order, out of each payment
to be made on or after the date of issuance of the order, until further order
of the court. On receipt of an order issued under this division, the government
deferred compensation program, alternative retirement plan, or public
retirement system shall withhold the amount required as restitution, in
accordance with the order, from any such payments and immediately forward the
amount withheld to the clerk of the court in which the order was issued for
payment to the person to whom restitution is to be made. The order shall not
apply to any portion of payments made from a government deferred compensation
program, alternative retirement plan, or public retirement system to a person
other than the offender pursuant to a previously issued domestic court order.

(C)
Service of a notice
required by division (A) or (B) of this section shall be effected in the same
manner as provided in the Rules of Civil Procedure for the service of process.

(D)
Upon the filing of charges
under section
2907.02,
2907.03,
2907.04, or
2907.05 of the Revised Code
against a person who is a deferred compensation program participant, an
electing employee participating in an alternative retirement plan, or a member
of, or receiving a pension benefit, or allowance, other than a survivorship
benefit, from a public retirement system for an offense against a child,
student, patient, or other person with whom the offender had contact in the
context of the offender's public employment, the prosecutor shall send written
notice that charges have been filed against that person to the appropriate
government deferred compensation program, alternative retirement plan, or
public retirement system. The notice shall specifically identify the person
charged.

If a mental health professional is indicted or charged and
bound over to the court of common pleas for trial for an alleged violation of
division (A)(10) of section
2907.03 or division (A)(5) of
section 2907.06 of the Revised Code, the
prosecuting attorney handling the case shall send written notice of the
indictment or the charge and bind over to the regulatory or licensing board or
agency, if any, that has the administrative authority to suspend or revoke the
mental health professional's professional license, certification, registration,
or authorization.

The failure of the prosecuting attorney to give the notice
required by section
2907.17 of the Revised Code does
not give rise to a claim for damages against the prosecuting attorney or the
county. The failure of the prosecuting attorney to give the notice does not
constitute grounds for declaring a mistrial or new trial, for setting aside a
conviction or sentence, or for granting postconviction relief to a defendant.

If a mental health professional is convicted of or pleads
guilty to a violation of division (A)(10) of section
2907.03 or division (A)(5) of
section 2907.06 of the Revised Code, the
court shall transmit a certified copy of the judgment entry of conviction to
the regulatory or licensing board or agency, if any, that has the
administrative authority to suspend or revoke the mental health professional's
professional license, certification, registration, or authorization.

(1)
"Advertisement for sexual activity for hire" or
"advertisement" means any advertisement or offer in electronic or print media
that includes an explicit or implicit offer for sexual activity for hire to
occur in this state.

(1)
In any prosecution under this section, it is not a
defense that the offender did not know the age of the person depicted in the
advertisement, relied on an oral or written representation of the age of the
person depicted in the advertisement, or relied on the apparent age of the
person depicted in the advertisement.

(2)
In any prosecution under this section, it is an
affirmative defense that the offender, prior to purchasing advertising space
for the advertisement, made a reasonable bona fide attempt to ascertain the
true age of the person depicted in the advertisement by requiring the person
depicted in the advertisement to produce a driver's license, marriage license,
birth certificate, or other government issued or school issued document that
identifies the age of the person, provided the offender retains and produces a
copy or other record of the driver's license, marriage license, birth
certificate, or other document used to ascertain the age of the person depicted
in the advertisement.

(a)
Pay or agree to pay a minor, either
directly or through the minor's agent, so that the minor will engage in sexual
activity, whether or not the offender knows the age of the minor;

(b)
Pay
or agree to pay a person the offender believes to be a minor, either directly
or through the person's agent, so that the person will engage in sexual
activity, whether or not the person is a minor.

(a)
Pay a minor, either directly or through
the minor's agent, for the minor having engaged in sexual activity pursuant to
a prior agreement, whether or not the offender knows the age of the
minor;

(b)
Pay a person
the offender believes to be a minor, either directly or through the person's
agent, for the person having engaged in sexual activity pursuant to a prior
agreement, whether or not the person is a minor.

(a)
Allow a minor to engage in sexual
activity for hire if the person allowing the child to engage in sexual activity
for hire is the parent, guardian, custodian, person having custody or control,
or person in loco parentis of the minor;

(b)
Allow
a person the offender believes to be a minor to engage in sexual activity for
hire if the person allowing the person to engage in sexual activity for hire is
the parent, guardian, custodian, person having custody or control, or person in
loco parentis of the person the offender believes to be a minor, whether or not
the person is a minor.

(B)
For a
prosecution under division (A)(1) of this section, the element "compel" does
not require that the compulsion be openly displayed or physically exerted. The
element "compel" has been established if the state proves that the victim's
will was overcome by force, fear, duress, or intimidation.

(C)
Whoever violates this section is guilty of compelling prostitution. Except as
otherwise provided in this division, compelling prostitution is a felony of the
third degree. If the offender commits a violation of division (A)(1) of this
section and the person compelled to engage in sexual activity for hire in
violation of that division is sixteen years of age or older but less than
eighteen years of age, compelling prostitution is a felony of the second
degree. If the offender commits a violation of division (A)(1) of this section
and the person compelled to engage in sexual activity for hire in violation of
that division is less than sixteen years of age, compelling prostitution is a
felony of the first degree. If the offender in any case also is convicted of or
pleads guilty to a specification as described in section
2941.1422 of the Revised Code that
was included in the indictment, count in the indictment, or information
charging the offense, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(7) of
section 2929.14 of the Revised Code and
shall order the offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised
Code.

(1)
Establish,
maintain, operate, manage, supervise, control, or have an interest in a brothel
or any other enterprise a purpose of which is to
facilitate engagement in sexual activity for hire;

(2)
Supervise, manage, or control the activities of a prostitute in engaging in
sexual activity for hire;

(3)
Transport another, or cause another to be transported
, in order to facilitate the other person's engaging in
sexual activity for hire;

(4)
For
the purpose of violating or facilitating a violation of this section, induce or
procure another to engage in sexual activity for hire.

(B)
Whoever violates this section is guilty of promoting prostitution. Except as
otherwise provided in this division, promoting prostitution is a felony of the
fourth degree. If any prostitute in the brothel involved in the offense, or the
prostitute whose activities are supervised, managed, or controlled by the
offender, or the person transported, induced, or procured by the offender to
engage in sexual activity for hire, is a minor, whether or not the offender
knows the age of the minor, then promoting prostitution is a felony of the
third degree. If the offender in any case also is convicted of or pleads guilty
to a specification as described in section 2941.1422 of the Revised Code that
was included in the indictment, count in the indictment, or information
charging the offense, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(7) of section 2929.14 of the Revised
Code and shall order the offender to make restitution as provided in division
(B)(8) of section 2929.18 of the Revised Code.

(2)
Procure a prostitute for another to patronize, or take or direct another at
the
other's request to any place for the purpose of patronizing a
prostitute.

(B)
No person,
having authority or responsibility over the use of premises, shall knowingly
permit such premises to be used for the purpose of engaging in sexual activity
for hire.

(C)
Whoever
violates this section is guilty of procuring . Except as otherwise
provided in this division, procuring is a misdemeanor of the first
degree. If the prostitute who is procured, patronized,
or otherwise involved in a violation of division (A)(2) of this section is
under sixteen years of age at the time of the violation, regardless of whether
the offender who violates division (A)(2) of this section knows the
prostitute's age, or if a prostitute who engages in sexual activity for hire in
premises used in violation of division (B) of this section is under sixteen
years of age at the time of the violation, regardless of whether the offender
who violates division (B) of this section knows the prostitute's age, procuring
is a felony of the fourth degree. If the prostitute who is procured,
patronized, or otherwise involved in a violation of division (A)(2) of this
section is sixteen or seventeen years of age at the time of the violation or if
a prostitute who engages in sexual activity for hire in premises used in
violation of division (B) of this section is sixteen or seventeen years of age
at the time of the violation, procuring is a felony of the fifth
degree.

(1)
No
person shall solicit another who is eighteen years of
age or older to engage with such other person in sexual activity for
hire.

(2)
No person shall solicit another to engage with such
other person in sexual activity for hire if the other person is sixteen or
seventeen years of age and the offender knows that the other person is sixteen
or seventeen years of age or is reckless in that regard.

(3)
No person shall solicit another to engage with such
other person in sexual activity for hire if either of the following
applies:

(a)
The other person is less than sixteen years of age,
whether or not the offender knows the age of the other person.

(b)
The other person is a developmentally disabled person
and the offender knows or has reasonable cause to believe the other person is a
developmentally disabled person.

(B)
No
person, with knowledge that the person has tested positive as a carrier of a
virus that causes acquired immunodeficiency syndrome, shall engage in conduct
in violation of division (A) of this section.

(1)
Whoever violates division (A) of this section is guilty of soliciting . A violation of
division (A)(1) of this section is a misdemeanor of the third degree.
A violation of division (A)(2) of this section is a
felony of the fifth degree. A violation of division (A)(3) of this section is a
felony of the third degree.

(2)
Whoever violates division (B) of this section is guilty of engaging in
solicitation after a positive HIV test. If the offender commits the violation
prior to July 1, 1996, engaging in solicitation after a positive HIV test is a
felony of the second degree. If the offender commits the violation on or after
July 1, 1996, engaging in solicitation after a positive HIV test is a felony of
the third degree.

(D)
If
a person is convicted of or pleads guilty to a violation of any provision of
this section, an attempt to commit a violation of any provision of this
section, or a violation of or an attempt to commit a violation of a municipal
ordinance that is substantially equivalent to any provision of this section and
if the person, in committing or attempting to commit the violation, was in, was
on, or used a motor vehicle, the court, in addition to or independent of all
other penalties imposed for the violation, may impose upon the offender a class
six suspension of the person's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(6) of section 4510.02 of the
Revised Code. In lieu of imposing upon the offender the class six suspension,
the court instead may require the offender to perform community service for a
number of hours determined by the court.

(1)
"Developmentally disabled person" has the same meaning
as in section 2905.32 of the Revised Code.

(2)
"Sexual activity for hire" means an implicit or
explicit agreement to provide sexual activity in exchange for anything of
value paid to the person engaging in such sexual activity, to any person
trafficking that person, or to any person associated with either such
person.

(3)
Stop or attempt to stop the operator of a
vehicle or approach a stationary vehicle;

(4)
If the offender is the operator of or a
passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to,
or entice another to approach or enter the vehicle of which the offender is the
operator or in which the offender is the passenger;

(B)
No person,
with knowledge that the person has tested positive as a carrier of a virus that
causes acquired immunodeficiency syndrome, shall engage in conduct in violation
of division (A) of this section.

(1)
Whoever violates division (A) of this
section is guilty of loitering to engage in solicitation, a misdemeanor of the
third degree.

(2)
Whoever violates
division (B) of this section is guilty of loitering to engage in solicitation
after a positive HIV test. If the offender commits the violation prior to July
1, 1996, loitering to engage in solicitation after a positive HIV test is a
felony of the fourth degree. If the offender commits the violation on or after
July 1, 1996, loitering to engage in solicitation after a positive HIV test is
a felony of the fifth degree.

(1)
Whoever violates division (A) of this
section is guilty of prostitution, a misdemeanor of the third degree.

(2)
Whoever violates division (B)
of this section is guilty of engaging in prostitution after a positive HIV
test. If the offender commits the violation prior to July 1, 1996, engaging in
prostitution after a positive HIV test is a felony of the second degree. If the
offender commits the violation on or after July 1, 1996, engaging in
prostitution after a positive HIV test is a felony of the third degree.

(A)
In any case in which it is necessary to
prove that a place is a brothel, evidence as to the reputation of such place
and as to the reputation of the persons who inhabit or frequent it, is
admissible on the question of whether such place is or is not a brothel.

(B)
In any case in which it is
necessary to prove that a person is a prostitute, evidence as to the reputation
of such person is admissible on the question of whether such person is or is
not a prostitute.

(C)
In any
prosecution for a violation of sections
2907.21 to
2907.25 of the Revised Code, proof
of a prior conviction of the accused of any such offense or substantially
equivalent offense is admissible in support of the charge.

(D)
The prohibition contained in division (D)
of section
2317.02 of the Revised Code
against testimony by a husband or wife concerning communications between them
does not apply, and the accused's spouse may testify concerning any such
communication, in any of the following cases:

(1)
When the husband or wife is charged with
a violation of section
2907.21 of the Revised Code, and
the spouse testifying was the victim of the offense;

(2)
When the husband or wife is charged with
a violation of section
2907.22 of the Revised Code, and
the spouse testifying was the prostitute involved in the offense, or the person
transported, induced, or procured by the offender to engage in sexual activity
for hire;

(3)
When the husband or
wife is charged with a violation of section
2907.23 of the Revised Code, and
the spouse testifying was the prostitute involved in the offense or the person
who used the offender's premises to engage in sexual activity for hire;

(4)
When the husband or wife is
charged with a violation of section
2907.24 or
2907.25 of the Revised Code.

(1)
If
a person is charged with a violation of section 2907.02, 2907.03, 2907.04,
2907.24, 2907.241, or 2907.25 of the Revised Code or with a violation of a
municipal ordinance that is substantially equivalent to any of those sections,
the arresting authorities or a court, upon the request of the prosecutor in the
case or upon the request of the victim, shall cause the accused to submit to
one or more appropriate tests to determine if the accused is suffering from a
venereal disease.

(2)
If the
accused is found to be suffering from a venereal disease in an infectious
stage, the accused shall be required to submit to medical treatment for that
disease. The cost of the medical treatment shall be charged to and paid by the
accused who undergoes the treatment. If the accused is indigent, the court
shall order the accused to report to a facility operated by a city health
district or a general health district for treatment. If the accused is
convicted of or pleads guilty to the offense with which the accused is charged
and is placed under a community control sanction, a condition of community
control shall be that the offender submit to and faithfully follow a course of
medical treatment for the venereal disease. If the offender does not seek the
required medical treatment, the court may revoke the offender's community
control and order the offender to undergo medical treatment during the period
of the offender's incarceration and to pay the cost of that
treatment.

(a)
If
a person is charged with a violation of division (B) of section 2903.11 or of
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or
2907.25 of the Revised Code , with a violation of a municipal ordinance that is
substantially equivalent to that division or any of those sections,
or with a violation of a statute or municipal ordinance
in which by force or threat of force the accused compelled the victim to engage
in sexual activity, the court, upon the request of the prosecutor in the
case, upon the request of the victim, or upon the request of any other person
whom the court reasonably believes had contact with the accused in
circumstances related to the violation that could have resulted in the
transmission to that person of the human
immunodeficiency virus, shall cause the accused to submit to one or more tests
designated by the director of health under section 3701.241 of the Revised Code
to determine if the accused is infected with HIV. The court
shall cause the accused to submit to the test or tests
within forty-eight hours after the indictment, information, or complaint is
presented. The court shall order follow-up tests for HIV as may be medically
appropriate.

(b)
The court, upon the request of the prosecutor in
the case, upon the request of the victim with the agreement of the prosecutor,
or upon the request of any other person with the agreement of the prosecutor,
may cause an accused who is charged with a violation of any
division
or section of the Revised Code or any
municipal ordinance not described in division (B)(1)(a)
of this section to submit to one or more tests so designated by the
director of health if the circumstances of the violation indicate probable
cause to believe that the accused, if the accused is infected with HIV, might
have transmitted HIV to any of the following persons in committing the
violation:

(i)
In relation
to a request made by the prosecuting attorney, to the victim or to any other
person;

(ii)
In relation
to a request made by the victim, to the victim making the request;

(iii)
In relation to a request made by any other person, to the person making the
request.

(c)
The results of a test
conducted under division (B)(1)(a) of this section shall be provided as soon as
practicable to the victim, or the parent or guardian of the victim, and the
accused. The results of any follow-up test conducted under that division also
shall be provided as soon as practicable to the victim, or the parent or
guardian of the victim, and the accused. The results of a test performed
under division (B)(1) (b) of this section shall be communicated in
confidence to the court, the court
shall inform the accused of the result , and the court shall inform the
victim that the test was performed and that the victim has a right to receive
the results on request. Additionally, for a test under either division
(B)(1)(a) or (b) of this section, all of the following apply:

(i)
If the test was performed upon the request of a
person other than the prosecutor in the case and other than the victim, the
court shall inform the person who made the request that the test was performed
and that the person has a right to receive the results upon request.

(ii)
Regardless of who made the request that was the
basis of the test being performed, if the court reasonably believes that, in
circumstances related to the violation, a person other than the victim had
contact with the accused that could have resulted in the transmission of HIV to
that person, the court may inform that person that the test was performed and
that the person has a right to receive the results of the test on request.

(iii)
If the accused tests positive for HIV, the test
results shall be reported to the department of health in accordance with
section 3701.24 of the Revised Code and to the sheriff, head of the state
correctional institution, or other person in charge of any jail or prison in
which the accused is incarcerated.

(iv)
If the accused tests positive for HIV and the
accused was charged with, and was convicted of or pleaded guilty to, a
violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code or a
violation of a municipal ordinance that is substantially equivalent to any of
those sections, the test results also shall be reported to the law enforcement
agency that arrested the accused, and the law enforcement agency may use the
test results as the basis for any future charge of a violation of division (B)
of any of those sections or a violation of a municipal ordinance that is
substantially equivalent to division (B) of any of those sections.

(v)
Except as otherwise provided in the first paragraph in
division (B)(1)(c) of this section or in division (B)(1)(c)(i), (ii), (iii), or
(iv) of this section, no disclosure of the test results or the fact that
a test was performed shall be made, other than as evidence in a grand jury
proceeding or as evidence in a judicial proceeding in accordance with the Rules
of Evidence.

(vi)
If the test result is negative, and the charge
has not been dismissed or if the accused has been convicted of the charge or a
different offense arising out of the same circumstances as the offense charged,
the court shall order that the test be repeated not earlier than three months
nor later than six months after the original test.

(2)
If an
accused who is free on bond refuses to submit to a test ordered by the court
pursuant to division (B)(1) of this section, the court may order that the
accused's bond be revoked and that the accused be incarcerated until the test
is performed. If an accused who is incarcerated refuses to submit to a test
ordered by the court pursuant to division (B)(1) of this section, the court
shall order the person in charge of the jail or prison in which the accused is
incarcerated to take any action necessary to facilitate the performance of the
test, including the forcible restraint of the accused for the purpose of
drawing blood to be used in the test.

(3)
A
state agency, a political subdivision of the state, or an employee of a state
agency or of a political subdivision of the state is immune from liability in a
civil action to recover damages for injury, death, or loss to person or
property allegedly caused by any act or omission in connection with the
performance of the duties required under division (B)(2) of this section unless
the acts or omissions are with malicious purpose, in bad faith, or in a wanton
or reckless manner.

(C)
Nothing in this section shall be construed to prevent a
court in which a person is charged with any offense specified in division
(A)(1) or (B)(1)(a) of this section from ordering at any time during which the
complaint, information, or indictment is pending, that the accused submit to
one or more appropriate tests to determine if the accused is suffering from a
venereal disease or from HIV.

(A)
Any
cost incurred by a hospital or emergency medical facility in conducting a
medical examination of a victim of an offense under any provision of sections
2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical
evidence for a possible prosecution, including the cost of any antibiotics
administered as part of the examination and the cost of
HIV post-exposure prophylaxis provided as part of the examination, shall
be paid out of the reparations fund established pursuant to section 2743.191 of
the Revised Code, subject to the following conditions:

(1)
The
hospital or emergency facility shall follow a protocol for conducting such
medical examinations that is identified by the attorney general in rule adopted
in accordance with Chapter 119. of the Revised Code.

(2)
The
hospital or emergency facility shall submit requests for payment to the
attorney general on a monthly basis, through a procedure determined by the
attorney general and on forms approved by the attorney general. The requests
shall identify the number of sexual assault examinations performed
and the number of sexual assault examinations in which
HIV post-exposure prophylaxis was provided and shall verify that all
required protocols were met for each examination form submitted for payment in
the request.

(3)
The
attorney general shall review all requests for payment that are submitted under
division (A)(2) of this section and shall submit for payment as described in
division (A)(5) of this section all requests that meet the requirements of this
section.

(a)
The
hospital or emergency facility shall accept a flat fee payment for conducting
each examination in the amount determined by the attorney general pursuant to
Chapter 119. of the Revised Code as payment in full for any cost incurred in
conducting a medical examination and test of a victim of an offense under any
provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of
gathering physical evidence for a possible prosecution of a person, other than the cost of providing HIV post-exposure
prophylaxis. The attorney general shall determine a flat fee payment
amount to be paid under this division that is reasonable.

(b)
The hospital or emergency facility shall accept a flat
fee payment for providing HIV post-exposure prophylaxis in the amount
determined by the attorney general pursuant to Chapter 119. of the Revised Code
as payment in full for any cost incurred in providing HIV post-exposure
prophylaxis while conducting a medical examination and test of a victim of an
offense under any provision of sections 2907.02 to 2907.06 of the Revised Code
for the purpose of gathering physical evidence for a possible prosecution of a
person. The attorney general shall determine a reasonable flat fee payment
amount to be paid under this division.

(5)
In
approving a payment under this section, the attorney general shall order the
payment against the state. The payment shall be accomplished only through the
following procedure, and the procedure may be enforced through a mandamus
action and a writ of mandamus directed to the appropriate official:

(a)
The
attorney general shall provide for payment in the amount set forth in the
order.

(b)
The
expense of the payment of the amount described in this section shall be charged
against all available unencumbered moneys in the reparations fund.

(B)
No
costs incurred by a hospital or emergency facility in conducting a medical
examination and test of any victim of an offense under any provision of
sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering
physical evidence for a possible prosecution of a person shall be billed or
charged directly or indirectly to the victim or the victim's insurer.

(C)
Any
cost incurred by a hospital or emergency medical facility in conducting a
medical examination and test of any person who is charged with a violation of
division (B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25
of the Revised Code , with a violation of a municipal ordinance that is
substantially equivalent to that division or any of those sections,
or with a violation of a statute or municipal ordinance
under which by force or threat of force the accused compelled the victim to
engage in sexual activity, pursuant to division (B) of section 2907.27 of
the Revised Code, shall be charged to and paid by the accused who undergoes the
examination and test, unless the court determines that the accused is unable to
pay, in which case the cost shall be charged to and paid by the municipal
corporation in which the offense allegedly was committed, or charged to and
paid by the county if the offense allegedly was committed within an
unincorporated area. If separate counts of an alleged offense or alleged
separate offenses under division (B) of section 2903.11
or section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised
Code ,
under a municipal ordinance that is substantially equivalent to
that division or any of those sections, or under a statute or municipal ordinance in violation of
which by force or threat of force the accused compelled the victim to engage in
sexual activity took place in more than one municipal corporation or more
than one unincorporated area, or both, the local governments shall share the
cost of the examination and test. If a hospital or other emergency medical
facility has submitted charges for the cost of a medical examination and test
to an accused and has been unable to collect payment for the charges after
making good faith attempts to collect for a period of six months or more, the
cost shall be charged to and paid by the appropriate municipal corporation or
county as specified in division (C) of this section.

Every hospital of
this state that offers organized emergency services shall provide that a
physician, a physician assistant, a clinical nurse specialist, a certified
nurse practitioner, or a certified nurse-midwife is available on call
twenty-four hours each day for the examination of persons reported to any law
enforcement agency to be victims of sexual offenses cognizable as violations of
any provision of sections
2907.02 to
2907.06 of the Revised Code. The
physician, physician assistant, clinical nurse specialist, certified nurse
practitioner, or certified nurse-midwife, upon the request of any peace officer
or prosecuting attorney and with the consent of the reported victim or upon the
request of the reported victim, shall examine the person for the purposes of
gathering physical evidence and shall complete any written documentation of the
physical examination. The director of health shall establish procedures for gathering
evidence under this section.

Each reported victim
shall be informed of available venereal disease, pregnancy, medical, and
psychiatric services.

Notwithstanding any
other provision of law, a minor may consent to examination under this section.
The consent is not subject to disaffirmance because of minority, and consent of
the parent, parents, or guardian of the minor is not required for an
examination under this section. However, the hospital shall give written notice
to the parent, parents, or guardian of a minor that an examination under this
section has taken place. The parent, parents, or guardian of a minor giving
consent under this section are not liable for payment for any services provided
under this section without their consent.

(A)
A victim of a sexual offense cognizable
as a violation of section
2907.02 of the Revised Code who is
interviewed by a law enforcement agency shall be interviewed by a peace officer
employed by the agency who has had crisis intervention training, if any of the
peace officers employed by the agency who have had crisis intervention training
is reasonably available.

(B)
When
a person is charged with a violation of section
2907.02,
2907.03,
2907.04,
2907.05, or
2907.06 of the Revised Code and
the law enforcement agency that arrested the person or a court discovers that
the person arrested or a person whom the person arrested caused to engage in
sexual activity has a communicable disease, the law enforcement agency that
arrested the person or the court immediately shall notify the victim of the
nature of the disease.

(C)
As used
in this section, "crisis intervention training" has the same meaning as in
section 109.71 of the Revised Code.

(A)
No person, with knowledge of its
character or content, shall recklessly do any of the following:

(1)
Directly sell, deliver, furnish,
disseminate, provide, exhibit, rent, or present to a juvenile, a group of
juveniles, a law enforcement officer posing as a juvenile, or a group of law
enforcement officers posing as juveniles any material or performance that is
obscene or harmful to juveniles;

(2)
Directly offer or agree to sell, deliver,
furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group
of juveniles, a law enforcement officer posing as a juvenile, or a group of law
enforcement officers posing as juveniles any material or performance that is
obscene or harmful to juveniles;

(3)
While in the physical proximity of the
juvenile or law enforcement officer posing as a juvenile, allow any juvenile or
law enforcement officer posing as a juvenile to review or peruse any material
or view any live performance that is harmful to juveniles.

(B)
The following are affirmative
defenses to a charge under this section that involves material or a performance
that is harmful to juveniles but not obscene:

(1)
The defendant is the parent, guardian, or
spouse of the juvenile involved.

(2)
The juvenile involved, at the time of the
conduct in question, was accompanied by the juvenile's parent or guardian who,
with knowledge of its character, consented to the material or performance being
furnished or presented to the juvenile.

(3)
The juvenile exhibited to the defendant
or to the defendant's agent or employee a draft card, driver's license, birth
record, marriage license, or other official or apparently official document
purporting to show that the juvenile was eighteen years of age or over or
married, and the person to whom that document was exhibited did not otherwise
have reasonable cause to believe that the juvenile was under the age of
eighteen and unmarried.

(1)
It
is an affirmative defense to a charge under this section, involving material or
a performance that is obscene or harmful to juveniles, that the material or
performance was furnished or presented for a bona fide medical, scientific,
educational, governmental, judicial, or other proper purpose, by a physician,
psychologist, sociologist, scientist, teacher, librarian, clergyman,
prosecutor, judge, or other proper person.

(2)
Except as provided in division (B)(3) of
this section, mistake of age is not a defense to a charge under this section.

(1)
A person directly sells, delivers,
furnishes, disseminates, provides, exhibits, rents, or presents or directly
offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit,
rent, or present material or a performance to a juvenile, a group of juveniles,
a law enforcement officer posing as a juvenile, or a group of law enforcement
officers posing as juveniles in violation of this section by means of an
electronic method of remotely transmitting information if the person knows or
has reason to believe that the person receiving the information is a juvenile
or the group of persons receiving the information are juveniles.

(2)
A person remotely transmitting
information by means of a method of mass distribution does not directly sell,
deliver, furnish, disseminate, provide, exhibit, rent, or present or directly
offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent,
or present the material or performance in question to a juvenile, a group of
juveniles, a law enforcement officer posing as a juvenile, or a group of law
enforcement officers posing as juveniles in violation of this section if either
of the following applies:

(a)
The person has
inadequate information to know or have reason to believe that a particular
recipient of the information or offer is a juvenile.

(b)
The method of mass distribution does not
provide the person the ability to prevent a particular recipient from receiving
the information.

(E)
If any provision of this section, or the
application of any provision of this section to any person or circumstance, is
held invalid, the invalidity does not affect other provisions or applications
of this section or related sections that can be given effect without the
invalid provision or application. To this end, the provisions are severable.

(F)
Whoever violates this section
is guilty of disseminating matter harmful to juveniles. If the material or
performance involved is harmful to juveniles, except as otherwise provided in
this division, a violation of this section is a misdemeanor of the first
degree. If the material or performance involved is obscene, except as otherwise
provided in this division, a violation of this section is a felony of the fifth
degree. If the material or performance involved is obscene and the juvenile to
whom it is sold, delivered, furnished, disseminated, provided, exhibited,
rented, or presented, the juvenile to whom the offer is made or who is the
subject of the agreement, or the juvenile who is allowed to review, peruse, or
view it is under thirteen years of age, violation of this section is a felony
of the fourth degree.

(A)
No person who has custody, control, or
supervision of a commercial establishment, with knowledge of the character or
content of the material involved, shall display at the establishment any
material that is harmful to juveniles and that is open to view by juveniles as
part of the invited general public.

(B)
It is not a violation of division (A) of
this section if the material in question is displayed by placing it behind
"blinder racks" or similar devices that cover at least the lower two-thirds of
the material, if the material in question is wrapped or placed behind the
counter, or if the material in question otherwise is covered or located so that
the portion that is harmful to juveniles is not open to the view of juveniles.

(C)
Whoever violates this section
is guilty of displaying matter harmful to juveniles, a misdemeanor of the first
degree. Each day during which the offender is in violation of this section
constitutes a separate offense.

(A)
No person, with knowledge of the
character of the material or performance involved, shall do any of the
following:

(1)
Create, reproduce, or publish
any obscene material, when the offender knows that the material is to be used
for commercial exploitation or will be publicly disseminated or displayed, or
when the offender is reckless in that regard;

(3)
Create,
direct, or produce an obscene performance, when the offender knows that it is
to be used for commercial exploitation or will be publicly presented, or when
the offender is reckless in that regard;

(4)
Advertise or promote an obscene
performance for presentation, or present or participate in presenting an
obscene performance, when the performance is presented publicly, or when
admission is charged;

(5)
Buy,
procure, possess, or control any obscene material with purpose to violate
division (A)(2) or (4) of this section.

(B)
It is an affirmative defense to a charge
under this section, that the material or performance involved was disseminated
or presented for a bona fide medical, scientific, educational, religious,
governmental, judicial, or other proper purpose, by or to a physician,
psychologist, sociologist, scientist, teacher, person pursuing bona fide
studies or research, librarian, clergyman, prosecutor, judge, or other person
having a proper interest in the material or performance.

(C)
Whoever violates this section is guilty
of pandering obscenity, a felony of the fifth degree. If the offender
previously has been convicted of a violation of this section or of section
2907.31 of the Revised Code, then
pandering obscenity is a felony of the fourth degree.

(A)
No person, with knowledge of the
character of the material or performance involved, shall do any of the
following:

(1)
Create, reproduce, or publish
any obscene material that has a minor as one of its participants or portrayed
observers;

(2)
Promote or
advertise for sale or dissemination; sell, deliver, disseminate, display,
exhibit, present, rent, or provide; or offer or agree to sell, deliver,
disseminate, display, exhibit, present, rent, or provide, any obscene material
that has a minor as one of its participants or portrayed observers;

(3)
Create, direct, or produce an obscene
performance that has a minor as one of its participants;

(4)
Advertise or promote for presentation,
present, or participate in presenting an obscene performance that has a minor
as one of its participants;

(5)
Buy, procure, possess, or control any obscene material, that has a minor as one
of its participants;

(6)
Bring or
cause to be brought into this state any obscene material that has a minor as
one of its participants or portrayed observers.

(1)
This
section does not apply to any material or performance that is sold,
disseminated, displayed, possessed, controlled, brought or caused to be brought
into this state, or presented for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or to a
physician, psychologist, sociologist, scientist, teacher, person pursuing bona
fide studies or research, librarian, clergyman, prosecutor, judge, or other
person having a proper interest in the material or performance.

(3)
In
a prosecution under this section, the trier of fact may infer that a person in
the material or performance involved is a minor if the material or performance,
through its title, text, visual representation, or otherwise, represents or
depicts the person as a minor.

(C)
Whoever violates this section is guilty
of pandering obscenity involving a minor. Violation of division (A)(1), (2),
(3), (4), or (6) of this section is a felony of the second degree. Violation of
division (A)(5) of this section is a felony of the fourth degree. If the
offender previously has been convicted of or pleaded guilty to a violation of
this section or section
2907.322 or
2907.323 of the Revised Code,
pandering obscenity involving a minor in violation of division (A)(5) of this
section is a felony of the third degree.

(2)
Advertise for sale or
dissemination, sell, distribute, transport, disseminate, exhibit, or display
any material that shows a minor participating or engaging in sexual activity,
masturbation, or bestiality;

(3)
Create, direct, or produce a performance that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality;

(4)
Advertise for presentation, present, or
participate in presenting a performance that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality;

(5)
Knowingly solicit, receive, purchase,
exchange, possess, or control any material that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality;

(6)
Bring or cause to be brought into this
state any material that shows a minor participating or engaging in sexual
activity, masturbation, or bestiality, or bring, cause to be brought, or
finance the bringing of any minor into or across this state with the intent
that the minor engage in sexual activity, masturbation, or bestiality in a
performance or for the purpose of producing material containing a visual
representation depicting the minor engaged in sexual activity, masturbation, or
bestiality.

(1)
This section does not apply to any
material or performance that is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or presented for a
bona fide medical, scientific, educational, religious, governmental, judicial,
or other proper purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or research, librarian,
clergyman, prosecutor, judge, or other person having a proper interest in the
material or performance.

(3)
In a prosecution under this section, the
trier of fact may infer that a person in the material or performance involved
is a minor if the material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the person as a minor.

(C)
Whoever violates
this section is guilty of pandering sexually oriented matter involving a minor.
Violation of division (A)(1), (2), (3), (4), or (6) of this section is a felony
of the second degree. Violation of division (A)(5) of this section is a felony
of the fourth degree. If the offender previously has been convicted of or
pleaded guilty to a violation of this section or section
2907.321 or
2907.323 of the Revised Code,
pandering sexually oriented matter involving a minor in violation of division
(A)(5) of this section is a felony of the third degree.

(1)
Photograph any
minor who is not the person's child or ward in a state of nudity, or create,
direct, produce, or transfer any material or performance that shows the minor
in a state of nudity, unless both of the following apply:

(a)
The
material or performance is, or is to be, sold, disseminated, displayed,
possessed, controlled, brought or caused to be brought into this state, or
presented for a bona fide artistic, medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or to a
physician, psychologist, sociologist, scientist, teacher, person pursuing bona
fide studies or research, librarian, member of the clergy, prosecutor, judge,
or other person having a proper interest in the material or
performance;

(b)
The minor's
parents, guardian, or custodian consents in writing to the photographing of the
minor, to the use of the minor in the material or performance, or to the
transfer of the material and to the specific manner in which the material or
performance is to be used.

(2)
Consent to the photographing of the person's minor child or ward, or photograph
the person's minor child or ward, in a state of nudity or consent to the use of
the person's minor child or ward in a state of nudity in any material or
performance, or use or transfer a material or performance of that nature,
unless the material or performance is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or presented for a
bona fide artistic, medical, scientific, educational, religious, governmental,
judicial, or other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide studies or research,
librarian, member of the clergy, prosecutor, judge, or other person having a
proper interest in the material or performance;

(3)
Possess or view any material or performance that shows a minor who is not the
person's child or ward in a state of nudity, unless one of the following
applies:

(a)
The material
or performance is sold, disseminated, displayed, possessed, controlled, brought
or caused to be brought into this state, or presented for a bona fide artistic,
medical, scientific, educational, religious, governmental, judicial, or other
proper purpose, by or to a physician, psychologist, sociologist, scientist,
teacher, person pursuing bona fide studies or research, librarian, member of
the clergy, prosecutor, judge, or other person having a proper interest in the
material or performance.

(b)
The person
knows that the parents, guardian, or custodian has consented in writing to the
photographing or use of the minor in a state of nudity and to the manner in
which the material or performance is used or transferred.

(B)
Whoever
violates this section is guilty of illegal use of a minor in a nudity-oriented
material or performance. Whoever violates division (A)(1) or (2) of this
section is guilty of a felony of the second degree. Except as otherwise
provided in this division, whoever violates division (A)(3) of this section is
guilty of a felony of the fifth degree. If the offender previously has been
convicted of or pleaded guilty to a violation of this section or section
2907.321 or
2907.322 of the Revised Code,
illegal use of a minor in a nudity-oriented material or performance in
violation of division (A)(3) of this section is a felony of the fourth degree.
If the offender who violates division (A)(1) or (2) of this section also is
convicted of or pleads guilty to a specification as described in section
2941.1422 of the Revised Code that
was included in the indictment, count in the indictment, or information
charging the offense, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(7) of
section 2929.14 of the Revised Code and
shall order the offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised
Code.

(A)
No person, for the purpose of enabling a
juvenile to obtain any material or gain admission to any performance which is
harmful to juveniles, shall do either of the following:

(1)
Falsely represent that he is the parent,
guardian, or spouse of such juvenile;

(2)
Furnish such juvenile with any
identification or document purporting to show that such juvenile is eighteen
years of age or over or married.

(B)
No juvenile, for the purpose of obtaining
any material or gaining admission to any performance which is harmful to
juveniles, shall do either of the following:

(1)
Falsely represent that he is eighteen
years of age or over or married;

(2)
Exhibit any identification or document
purporting to show that he is eighteen years of age or over or married.

(C)
Whoever violates
this section is guilty of deception to obtain matter harmful to juveniles, a
misdemeanor of the second degree. A juvenile who violates division (B) of this
section shall be adjudged an unruly child, with such disposition of the case as
may be appropriate under Chapter 2151. of the Revised Code.

(A)
No person, as a condition to the sale,
allocation, consignment, or delivery of any material or goods of any kind,
shall require the purchaser or consignee to accept any other material
reasonably believed to be obscene, or which if furnished or presented to a
juvenile would be in violation of section
2907.31 of the Revised Code.

(B)
No person shall deny or
threaten to deny any franchise or impose or threaten to impose any financial or
other penalty upon any purchaser or consignee because the purchaser or
consignee failed or refused to accept any material reasonably believed to be
obscene as a condition to the sale, allocation, consignment, or delivery of any
other material or goods or because the purchaser or consignee returned any
material believed to be obscene that the purchaser or consignee initially
accepted.

(C)
Whoever violates
this section is guilty of compelling acceptance of objectionable materials, a
felony of the fifth degree.

(A)
An owner or manager, or agent or employee
of an owner or manager, of a bookstore, newsstand, theater, or other commercial
establishment engaged in selling materials or exhibiting performances, who, in
the course of business:

(1)
Possesses five or
more identical or substantially similar obscene articles, having knowledge of
their character, is presumed to possess them in violation of division (A)(5) of
section 2907.32 of the Revised Code;

(2)
Does any of the acts
prohibited by section
2907.31 or
2907.32 of the Revised Code, is
presumed to have knowledge of the character of the material or performance
involved, if the owner, manager, or agent or employee of the owner or manager
has actual notice of the nature of such material or performance, whether or not
the owner, manager, or agent or employee of the owner or manager has precise
knowledge of its contents.

(B)
Without limitation on the manner in which
such notice may be given, actual notice of the character of material or a
performance may be given in writing by the chief legal officer of the
jurisdiction in which the person to whom the notice is directed does business.
Such notice, regardless of the manner in which it is given, shall identify the
sender, identify the material or performance involved, state whether it is
obscene or harmful to juveniles, and bear the date of such notice.

(C)
Sections
2907.31 and
2907.32 of the Revised Code do not
apply to a motion picture operator or projectionist acting within the scope of
employment as an employee of the owner or manager of a theater or other place
for the showing of motion pictures to the general public, and having no
managerial responsibility or financial interest in the operator's or
projectionist's place of employment, other than wages.

(1)
Sections 2907.31,
2907.311,
2907.32,
2907.321,
2907.322,
2907.323, and
2907.34 and division (A) of
section 2907.33 of the Revised Code do not
apply to a person solely because the person provided access or connection to or
from an electronic method of remotely transferring information not under that
person's control, including having provided capabilities that are incidental to
providing access or connection to or from the electronic method of remotely
transferring the information, and that do not include the creation of the
content of the material that is the subject of the access or connection.

(2)
Division (D)(1) of this
section does not apply to a person who conspires with an entity actively
involved in the creation or knowing distribution of material in violation of
section 2907.31,
2907.311,
2907.32,
2907.321,
2907.322,
2907.323,
2907.33, or
2907.34 of the Revised Code or who
knowingly advertises the availability of material of that nature.

(3)
Division (D)(1) of this section does not
apply to a person who provides access or connection to an electronic method of
remotely transferring information that is engaged in the violation of section
2907.31,
2907.311,
2907.32,
2907.321,
2907.322,
2907.323,
2907.33, or
2907.34 of the Revised Code and
that contains content that person has selected and introduced into the
electronic method of remotely transferring information or content over which
that person exercises editorial control.

(E)
An employer is not guilty of a violation
of section
2907.31,
2907.311,
2907.32,
2907.321,
2907.322,
2907.323,
2907.33, or
2907.34 of the Revised Code based
on the actions of an employee or agent of the employer unless the employee's or
agent's conduct is within the scope of employee's or agent's employment or
agency, and the employer does either of the following:

(1)
With knowledge of the employee's or
agent's conduct, the employer authorizes or ratifies the conduct.

(2)
The employer recklessly disregards the
employee's or agent's conduct.

(F)
It is an affirmative defense to a charge
under section
2907.31 or
2907.311 of the Revised Code as
the section applies to an image transmitted through the internet or another
electronic method of remotely transmitting information that the person charged
with violating the section has taken, in good faith, reasonable, effective, and
appropriate actions under the circumstances to restrict or prevent access by
juveniles to material that is harmful to juveniles, including any method that
is feasible under available technology.

(G)
If any provision of this section, or the
application of any provision of this section to any person or circumstance, is
held invalid, the invalidity does not affect other provisions or applications
of this section or related sections that can be given effect without the
invalid provision or application. To this end, the provisions are severable.

(A)
Without limitation on the persons
otherwise entitled to bring an action for a declaratory judgment pursuant to
Chapter 2721. of the Revised Code, involving the same issue, the following
persons have standing to bring a declaratory judgment action to determine
whether particular materials or performances are obscene or harmful to
juveniles:

(1)
The chief legal officer of the
jurisdiction in which there is reasonable cause to believe that section
2907.31 or
2907.32 of the Revised Code is
being or is about to be violated;

(2)
Any person who, pursuant to division (B)
of section
2907.35 of the Revised Code, has
received notice in writing from a chief legal officer stating that particular
materials or performances are obscene or harmful to juveniles.

(B)
Any party to an action for a
declaratory judgment pursuant to division (A) of this section is entitled, upon
the party's request, to trial on the merits within five days after joinder of
the issues, and the court shall render judgment within five days after trial is
concluded.

(C)
An action for a
declaratory judgment pursuant to division (A) of this section shall not be
brought during the pendency of any civil action or criminal prosecution, when
the character of the particular materials or performances involved is at issue
in the pending case, and either of the following applies:

(1)
Either of the parties to the action for a
declaratory judgment is a party to the pending case.

(2)
A judgment in the pending case will
necessarily constitute res judicata as to the character of the materials or
performances involved.

(D)
A civil action or criminal prosecution in
which the character of particular materials or performances is at issue,
brought during the pendency of an action for a declaratory judgment involving
the same issue, shall be stayed during the pendency of the action for a
declaratory judgment.

(E)
The fact
that a violation of section
2907.31 or
2907.32 of the Revised Code occurs
prior to a judicial determination of the character of the material or
performance involved in the violation does not relieve the offender of criminal
liability for the violation, even though prosecution may be stayed pending the
judicial determination.

(A)
Where it appears that section
2907.31 or
2907.32 of the Revised Code is
being or is about to be violated, the chief legal officer of the jurisdiction
in which the violation is taking place or is about to take place may bring an
action to enjoin the violation. The defendant, upon his request, is entitled to
trial on the merits within five days after joinder of the issues, and the court
shall render judgment within five days after trial is concluded.

(B)
Premises used or occupied for repeated
violations of section
2907.31 or
2907.32 of the Revised Code
constitute a nuisance subject to abatement pursuant to sections
3767.01 to
3767.99 of the Revised Code.

(B)
No person who has custody, control, or
supervision of a commercial establishment, with knowledge of the character of
the visual material or performance involved, shall knowingly permit the use of,
or offer the use of, viewing booths, stalls, or partitioned portions of a room
located in the commercial establishment for the purpose of viewing visual
materials or performances depicting sexual conduct unless both of the following
apply:

(1)
The inside of each booth, stall,
or partitioned room is visible from, and at least one side of each booth,
stall, or partitioned room is open to, a continuous and contiguous main aisle
or hallway that is open to the public areas of the commercial establishment and
is not obscured by any curtain, door, or other covering or enclosure.

(2)
No booth, stall, or
partitioned room is designed, constructed, pandered, or allowed to be used for
the purpose of encouraging or facilitating nudity or sexual activity on the
part of or between patrons or members of the public, and no booth, stall, or
partitioned room has any aperture, hole, or opening for the purpose of
encouraging or facilitating nudity or sexual activity.

(C)
It is an affirmative defense to a charge
under this section that either of the following applies to the involved visual
materials or performances:

(1)
The visual
materials or performances depicting sexual conduct are disseminated or
presented for a bona fide medical, scientific, educational, religious,
governmental, judicial, or other proper purpose and by or to a physician,
psychologist, sociologist, scientist, teacher, person pursuing bona fide
studies or research, librarian, member of the clergy, prosecutor, judge, or
other person having a proper interest in the visual materials or performances.

(2)
The visual materials or
performances depicting sexual conduct, taken as a whole, would be found by a
reasonable person to have serious literary, artistic, political, or scientific
value or are presented or disseminated in good faith for a serious literary,
artistic, political, or scientific purpose and are not pandered for their
prurient appeal.

(D)
Whoever violates this section is guilty of permitting unlawful operation of
viewing booths depicting sexual conduct, a misdemeanor of the first degree.

(1)
"Adult arcade" means any place to which
the public is permitted or invited in which coin-operated, slug-operated, or
electronically, electrically, or mechanically controlled still or motion
picture machines, projectors, or other image-producing devices are regularly
maintained to show images to five or fewer persons per machine at any one time,
and in which the images so displayed are distinguished or characterized by
their emphasis upon matter exhibiting or describing specified sexual activities
or specified anatomical areas.

(a)
"Adult bookstore," "adult novelty store,"
or "adult video store" means a commercial establishment that, for any form of
consideration, has as a significant or substantial portion of its
stock-in-trade in, derives a significant or substantial portion of its revenues
from, devotes a significant or substantial portion of its interior business or
advertising to, or maintains a substantial section of its sales or display
space for the sale or rental of any of the following:

(i)
Books, magazines, periodicals, or other
printed matter, or photographs, films, motion pictures, video cassettes,
compact discs, slides, or other visual representations, that are characterized
by their emphasis upon the exhibition or description of specified sexual
activities or specified anatomical areas;

(ii)
Instruments, devices, or paraphernalia
that are designed for use or marketed primarily for stimulation of human
genital organs or for sadomasochistic use or abuse of self or others.

(b)
"Adult bookstore,"
"adult novelty store," or "adult video store" includes a commercial
establishment as defined in section
2907.38 of the Revised Code. An
establishment may have other principal business purposes that do not involve
the offering for sale, rental, or viewing of materials exhibiting or describing
specified sexual activities or specified anatomical areas and still be
categorized as an adult bookstore, adult novelty store, or adult video store.
The existence of other principal business purposes does not exempt an
establishment from being categorized as an adult bookstore, adult novelty
store, or adult video store so long as one of its principal business purposes
is offering for sale or rental, for some form of consideration, such materials
that exhibit or describe specified sexual activities or specified anatomical
areas.

(3)
"Adult
cabaret" means a nightclub, bar, juice bar, restaurant, bottle club, or similar
commercial establishment, whether or not alcoholic beverages are served, that
regularly features any of the following:

(b)
Live performances that are characterized
by the exposure of specified anatomical areas or specified sexual activities;

(c)
Films, motion pictures, video
cassettes, slides, or other photographic reproductions that are distinguished
or characterized by their emphasis upon the exhibition or description of
specified sexual activities or specified anatomical areas.

(4)
"Adult entertainment" means
the sale, rental, or exhibition, for any form of consideration, of books,
films, video cassettes, magazines, periodicals, or live performances that are
characterized by an emphasis on the exposure or display of specified anatomical
areas or specified sexual activity.

(5)
"Adult entertainment establishment" means
an adult arcade, adult bookstore, adult novelty store, adult video store, adult
cabaret, adult motion picture theater, adult theater, nude or seminude model
studio, or sexual encounter establishment. An establishment in which a medical
practitioner, psychologist, psychiatrist, or similar professional person
licensed by the state engages in medically approved and recognized therapy,
including, but not limited to, massage therapy, as regulated pursuant to
section 4731.15 of the Revised Code, is
not an "adult entertainment establishment."

(6)
"Adult motion picture theater" means a
commercial establishment where films, motion pictures, video cassettes, slides,
or similar photographic reproductions that are distinguished or characterized
by their emphasis upon the exhibition or description of specified sexual
activities or specified anatomical areas are regularly shown for any form of
consideration.

(7)
"Adult theater"
means a theater, concert hall, auditorium, or similar commercial establishment
that, for any form of consideration, regularly features persons who appear in a
state of nudity or seminudity or live performances that are characterized by
their emphasis upon the exposure of specified anatomical areas or specified
sexual activities.

(8)
"Distinguished or characterized by their emphasis upon" means the dominant or
principal character and theme of the object described by this phrase. For
instance, when the phrase refers to films "that are distinguished or
characterized by their emphasis upon the exhibition or description of specified
sexual activities or specified anatomical areas," the films so described are
those whose dominant or principal character and theme are the exhibition or
description of specified sexual activities or specified anatomical areas.

(a)
"Nude or seminude model studio" means any
place where a person, who regularly appears in a state of nudity or seminudity,
is provided for money or any other form of consideration to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by
other persons.

(b)
A modeling
class or studio is not a nude or seminude model studio and is not subject to
this chapter if it is operated in any of the following ways:

(i)
By a college or university supported
entirely or partly by taxation;

(ii)
By a private college or university that
maintains and operates educational programs, the credits for which are
transferable to a college or university supported entirely or partly by
taxation;

(iii)
In a structure
that has no sign visible from the exterior of the structure and no other
advertising indicating that a person appearing in a state of nudity or
seminudity is available for viewing, if in order to participate in a class in
the structure, a student must enroll at least three days in advance of the
class and if not more than one nude or seminude model is on the premises at any
one time.

(10)
"Nudity," "nude," or "state of nudity"
means the showing of the human male or female genitals, pubic area, vulva,
anus, anal cleft, or cleavage with less than a fully opaque covering; or the
showing of the female breasts with less than a fully opaque covering of any
part of the nipple.

(11)
"Regularly features" or "regularly shown" means a consistent or substantial
course of conduct, such that the films or performances exhibited constitute a
substantial portion of the films or performances offered as a part of the
ongoing business of the adult entertainment establishment.

(12)
"Seminude" or "state of seminudity"
means a state of dress in which opaque clothing covers not more than the
genitals, pubic region, and nipple of the female breast, as well as portions of
the body covered by supporting straps or devices.

(a)
"Sexual encounter establishment" means a business or commercial establishment
that, as one of its principal business purposes, offers for any form of
consideration a place where either of the following occur:

(i)
Two or more persons may congregate,
associate, or consort for the purpose of engaging in specified sexual
activities.

(ii)
Two or more
persons appear nude or seminude for the purpose of displaying their nude or
seminude bodies for their receipt of consideration or compensation in any type
or form.

(b)
An
establishment where a medical practitioner, psychologist, psychiatrist, or
similar professional person licensed by the state engages in medically approved
and recognized therapy, including, but not limited to, massage therapy, as
regulated pursuant to section
4731.15 of the Revised Code, is
not a "sexual encounter establishment."

(14)
"Specified anatomical areas" means the
cleft of the buttocks, anus, male or female genitals, or the female breast.

(b)
Excretory functions as a part of or in
connection with any of the activities described in division (A)(15)(a) of this
section.

(B)
No person knowingly shall allow an individual, including, but not limited to, a
patron, customer, or employee, who is under eighteen years of age on the
premises of an adult entertainment establishment.

(C)
No individual who is under eighteen years
of age knowingly shall show or give false information concerning the
individual's name or age, or other false identification, for the purpose of
gaining entrance to an adult entertainment establishment.

(D)
A person shall not be found guilty of a
violation of division (B) of this section if the person raises as an
affirmative defense and if the jury or, in a nonjury trial, the court finds the
person has established by a preponderance of the evidence, all of the
following:

(1)
The individual gaining
entrance to the adult entertainment establishment exhibited to an operator,
employee, agent, or independent contractor of the adult entertainment
establishment a driver's or commercial driver's license or an identification
card issued under sections
4507.50 and
4507.52 of the Revised Code
showing that the individual was then at least eighteen years of age.

(2)
The operator, employee, agent, or
independent contractor made a bona fide effort to ascertain the true age of the
individual gaining entrance to the adult entertainment establishment by
checking the identification presented, at the time of entrance, to ascertain
that the description on the identification compared with the appearance of the
individual and that the identification had not been altered in any way.

(3)
The operator, employee, agent,
or independent contractor had reason to believe that the individual gaining
entrance to the adult entertainment establishment was at least eighteen years
of age.

(E)
In any
criminal action in which the affirmative defense described in division (D) of
this section is raised, the registrar of motor vehicles or the deputy registrar
who issued a driver's or commercial driver's license or an identification card
under sections
4507.50 and
4507.52 of the Revised Code shall
be permitted to submit certified copies of the records, in the registrar's or
deputy registrar's possession, of the issuance of the license or identification
card in question, in lieu of the testimony of the personnel of the bureau of
motor vehicles in the action.

(1)
Whoever violates division (B) of this
section is guilty of permitting a juvenile on the premises of an adult
entertainment establishment, a misdemeanor of the first degree. Each day a
person violates this division constitutes a separate offense.

(2)
Whoever violates division (C) of this
section is guilty of use by a juvenile of false information to enter an adult
entertainment establishment, a delinquent act that would be a misdemeanor of
the fourth degree if committed by an adult.

(1)
"Adult bookstore" or "adult video store"
means a commercial establishment that has as a significant or substantial
portion of its stock in trade or inventory in, derives a significant or
substantial portion of its revenues from, devotes a significant or substantial
portion of its interior business or advertising to, or maintains a substantial
section of its sales or display space for the sale or rental, for any form of
consideration, of books, magazines, periodicals, or other printed matter, or
photographs, films, motion pictures, video cassettes, compact discs, slides, or
other visual representations, that are characterized by their emphasis upon the
exhibition or description of specified sexual activities or specified
anatomical areas.

(2)
"Adult
cabaret" has the same meaning as in section
2907.39 of the Revised Code.

(3)
"Adult motion picture theater"
means a commercial establishment where films, motion pictures, videocassettes,
slides, or similar photographic reproductions that are characterized by their
emphasis upon the display of specified sexual activities or specified
anatomical areas are regularly shown to more than five individuals for any form
of consideration.

(4)
"Characterized by" means describing the essential character or quality of an
item.

(5)
"Employee" means any
individual who performs any service on the premises of a sexually oriented
business on a full-time, part-time, or contract basis, regardless of whether
the individual is denominated an employee, independent contractor, agent, or
otherwise, but does not include an individual exclusively on the premises for
repair or maintenance of the premises or for the delivery of goods to the
premises.

(6)
"Nudity," "nude," or
"state of nudity" has the same meaning as in section
2907.39 of the Revised Code.

(7)
"Operator" means any
individual on the premises of a sexually oriented business who causes the
business to function or who puts or keeps in operation the business or who is
authorized to manage the business or exercise overall operational control of
the business premises.

(8)
"Patron" means any individual on the premises of a sexually oriented business
except for any of the following:

(b)
An individual who is on the premises
exclusively for repair or maintenance of the premises or for the delivery of
goods to the premises;

(c)
A
public employee or a volunteer firefighter emergency medical services worker
acting within the scope of the public employee's or volunteer's duties as a
public employee or volunteer.

(9)
"Premises" means the real property on
which the sexually oriented business is located and all appurtenances to the
real property, including, but not limited, to the sexually oriented business,
the grounds, private walkways, and parking lots or parking garages adjacent to
the real property under the ownership, control, or supervision of the owner or
operator of the sexually oriented business.

(11)
"Seminude" or
"state of seminudity" has the same meaning as in section
2907.39 of the Revised Code.

(12)
"Sexual device" means any
three-dimensional object designed and marketed for stimulation of the male or
female human genitals or anus or female breasts or for sadomasochistic use or
abuse of oneself or others, including, but not limited to, dildos, vibrators,
penis pumps, and physical representations of the human genital organs, but not
including devices primarily intended for protection against sexually
transmitted diseases or for preventing pregnancy.

(13)
"Sexual device shop" means a commercial
establishment that regularly features sexual devices, but not including any
pharmacy, drug store, medical clinic, or establishment primarily dedicated to
providing medical or healthcare products or services, and not including any
commercial establishment that does not restrict access to its premises by
reason of age.

(14)
"Sexual
encounter center" means a business or commercial enterprise that, as one of its
principal business purposes, purports to offer for any form of consideration
physical contact in the form of wrestling or tumbling between individuals of
the opposite sex when one or more of the individuals is nude or seminude.

(15)
"Sexually oriented business"
means an adult bookstore, adult video store, adult cabaret, adult motion
picture theater, sexual device shop, or sexual encounter center, but does not
include a business solely by reason of its showing, selling, or renting
materials that may depict sex.

(16)
"Specified anatomical areas" includes
human genitals, pubic region, and buttocks and the human female breast below a
point immediately above the top of the areola.

(17)
"Specified sexual activity" means sexual
intercourse, oral copulation, masturbation, or sodomy, or excretory functions
as a part of or in connection with any of these activities.

(B)
No sexually oriented business
shall be or remain open for business between 12:00 midnight and 6:00 a.m. on
any day, except that a sexually oriented business that holds a liquor permit
pursuant to Chapter 4303. of the Revised Code may remain open until the hour
specified in that permit if it does not conduct, offer, or allow sexually
oriented entertainment activity in which the performers appear nude.

(1)
No
patron who is not a member of the employee's immediate family shall knowingly
touch any employee while that employee is nude or seminude or touch the
clothing of any employee while that employee is nude or seminude.

(2)
No employee who regularly appears nude or
seminude on the premises of a sexually oriented business, while on the premises
of that sexually oriented business and while nude or seminude, shall knowingly
touch a patron who is not a member of the employee's immediate family or
another employee who is not a member of the employee's immediate family or the
clothing of a patron who is not a member of the employee's immediate family or
another employee who is not a member of the employee's immediate family or
allow a patron who is not a member of the employee's immediate family or
another employee who is not a member of the employee's immediate family to
touch the employee or the clothing of the employee.

(D)
Whoever violates division (B) of this
section is guilty of illegally operating a sexually oriented business, a
misdemeanor of the first degree.

(E)
Whoever violates division (C) of this
section is guilty of illegal sexually oriented activity in a sexually oriented
business. If the offender touches a specified anatomical area of the patron or
employee, or the clothing covering a specified anatomical area, a violation of
division (C) of this section is a misdemeanor of the first degree. If the
offender does not touch a specified anatomical area of the patron or employee,
or the clothing covering a specified anatomical area, a violation of division
(C) of this section is a misdemeanor of the fourth degree.

(A)
Subject to
division (D) of this section, a person who is charged with the commission of
any sexually oriented offense or with a violation of section
2907.09 of the Revised Code shall
appear before the court for the setting of bail if the person charged
previously was convicted of or pleaded guilty to a sexually oriented offense, a
violation of section
2907.09 of the Revised Code, or a
violation of an existing or former municipal ordinance or law of this or any
other state or the United States that is substantially similar to section
2907.09 of the Revised Code.

(B)
To the extent that information
about any of the following is available to the court, the court, in addition to
any other circumstances considered by the court and notwithstanding any
provisions to the contrary contained in Criminal Rule 46, shall consider all of
the following before setting bail for a person who appears before the court
pursuant to division (A) of this section:

(1)
Whether the person previously has been adjudicated a sexual predator or
child-victim predator pursuant to Chapter 2950. of the Revised Code, previously
has been determined to be a habitual sex offender or habitual child-victim
offender pursuant to that Chapter, has a history of committing sexually
oriented offenses or child-victim oriented offenses, or has a history of
committing violations of section
2907.09 of the Revised Code or
violations of an existing or former municipal ordinance or law of this or any
other state or the United States that is substantially similar to that section;

(5)
Whether the person has access to deadly
weapons or a history of using deadly weapons;

(6)
Whether the person has a history of
abusing alcohol or any controlled substance;

(7)
The severity of the alleged conduct of
the person that is the basis of the offense, including but not limited to, the
duration of the alleged conduct, and whether the alleged conduct involved
physical injury, assault, violence, or forcible entry to gain access to an
alleged victim;

(8)
Whether the
person has exhibited obsessive or controlling behaviors toward another person,
including, but not limited to, stalking, surveillance, or isolation of another
person;

(10)
Any information contained in the
complaint and any police reports, affidavits, or other documents accompanying
the complaint.

(C)
Any
court that has jurisdiction over charges alleging the commission of a sexually
oriented offense or a violation of section
2907.09 of the Revised Code, in
circumstances in which the person charged previously was convicted of or
pleaded guilty to any of the offenses or violations described in division (A)
of this section, may set a schedule for bail to be used in cases involving
those offenses and violations. The schedule shall require that a judge consider
all of the factors listed in division (B) of this section and may require
judges to set bail at a certain level if the history of the alleged offender or
the circumstances of the alleged offense meet certain criteria in the schedule.

(1)
Upon the court's own motion or the motion
of a party and upon any terms that the court may direct, a court may permit a
person who is required to appear before it by division (A) of this section to
appear by video conferencing equipment.

(2)
If, in the opinion of the court, the
appearance in person or by video conferencing equipment of a person who is
charged with a misdemeanor and who is required to appear before the court by
division (A) of this section is not practicable, the court may waive the
appearance and release the person on bail in accordance with the court's
schedule for bail set under division (C) of this section or, if the court has
not set a schedule for bail under that division, on one or both of the
following types of bail in an amount set by the court:

(a)
A bail bond secured by a deposit of ten
per cent of the amount of the bond in cash;

(b)
A surety bond, a bond secured by real
estate or securities as allowed by law, or the deposit of cash, at the option
of the person.

(3)
Division (A) of this section does not create a right in a person to appear
before the court for the setting of bail or prohibit a court from requiring any
person charged with a sexually oriented offense or a violation of section
2907.09 of the Revised Code who is
not described in that division from appearing before the court for the setting
of bail.

(E)
As used in
this section, "child-victim oriented offense," "child-victim predator,"
"habitual child-victim offender," "habitual sex offender," "sexually oriented
offense," and "sexual predator" have the same meanings as in section
2950.01 of the Revised Code.